Citing Palladino v CNY Centro, Inc., 23 NY3d 140, the Appellate Division noted that "the law is well settled" that suits for breaches of agreements or for tortious wrongs against officers of unincorporated associations, including unions, are limited to situations in which "the individual liability of every single member can be alleged and proven".The court then sustained Supreme Court's granting Local 461, District Council… [read post]

The court opined that (a) the American Arbitration Association and the designated arbitrator "are protected by immunity, as their acts were performed in their arbitral capacity", citing Trojan v Cipolla & Co., 172 AD3d 569 and (b) Plaintiff "fails to plead, as is necessary to sustain a claim against an unincorporated association, that the entire membership authorized and later ratified its actions, noting the Court of Appeals ruling in Palladino v… [read post]

The Appellate Division affirmed the lower court’s ruling.The Appellate Division said that Plaintiffs had noted “the obstacle” to their cause of action in view of the Court of Appeals’ decision in Martin v Curran, 303 NY 276,* but contended the so-called Martin rule was abrogated by the enactment of the Taylor Law in 1967** or by its 1990 amendment codifying the so-called Triboro Doctrine.In Palladino v CNY Centro, Inc., 23… [read post]